Is State-State Investment Arbitration an Old Option for Latin America?
Conflict Resolution Quarterly, 34: 225-247, 2016, DOI: 10.1002/crq.21175
Posted: 14 Jun 2017
Date Written: June 27, 2016
International arbitration is a recognized way to resolve economic conflicts. This article asks if state-state investment arbitration (SSIA) is an option for Latin America. It examines the language of investment treaty provisions, cases and arbitral awards involving states, and treaty-making practice in the region. The analysis shows some complementarity between the mechanisms of investor-state arbitration (ISA) and SSIA; sometimes, the latter is the only option. This article concludes that SSIA is neither a backlash nor a more effective mechanism compared to ISA. SSIA constitutes an opportunity for both home and host Latin American states to balance their investment treaty commitments.
Keywords: arbitration, international, Latin America, ISA
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